The Supreme Court issued 7-2 ruling in favor of voting rights today, finding that a restrictive Arizona law requiring that voters show proof of citizenship when registering by mail is preempted by federal law. The court upheld Arizonans’ right to register to vote by mail using a federal form created by the 1993 “Motor Voter” law, which allows voters to certify under oath that they are citizens. Arizonans will not have to submit information that the federal form does not require.
PFAW Foundation joined in an amicus brief in the case, Arizona v. Inter Tribal Council of Arizona, on behalf of its Young People For program.
The Arizona law, which would have required voters to present one of a narrow set of documents proving citizenship in order to register to vote, would have impeded the voting rights of countless Arizonans. As Demos put it:
Many eligible citizens do not possess these narrow forms of documentation required by the law and, of those who do, many do not carry them while conducting their daily affairs. Community-based registration efforts overwhelmingly rely on approaching individuals who did not plan in advance to register at that time or location and who are thus unlikely to be carrying a birth certificate, passport, or other documentation.
Even when a potential registrant does happen to be carrying one of the required documents, logistical hurdles—ranging from an inability to copy documents on the spot to an unwillingness to hand over sensitive identification documents to registration drive volunteers—greatly hinder the ability of community-based organizations to register people in Arizona.
The Supreme Court has yet to issue a decision in the other major voting rights case on its docket this term, the constitutionality of Section 5 of the Voting Rights Act.
Judge Nitza Quiñones Alejandro broke an important glass ceiling this week, becoming the first openly lesbian Latina confirmed to a federal judgeship. The Senate confirmed her by voice vote to the U.S. District Court for the Eastern District of Pennsylvania yesterday. Previously Quiñones served for more than two decades on the Philadelphia County Court of Common Pleas.
The Washington Blade notes that Quiñones is only the seventh openly LGBT person in our country’s history to be confirmed as a federal judge.
PFAW has advocated for more diversity in the judiciary, applauding President Obama’s push to bring qualified judges from many backgrounds to the federal bench. Issuing decisions that affect all communities, the federal bench – and all benches – must reflect the diversity of our nation.
Last year President Obama said he was committed to ensuring that “the judiciary resembles the nation it serves.” This week’s confirmation is an important step toward that goal.
Earlier this week President Obama nominated three unquestionably qualified candidates – appellate attorney Patricia Millet, former civil rights attorney Cornelia Pillard and D.C. District Court judge Robert Wilkins – to the D.C. Circuit, the second most influential court in the country. Republicans are already fighting hard against these nominations, claiming that the D.C. Circuit doesn’t have a large enough workload to necessitate filling the vacant seats. Sen. Chuck Grassley (D-IA) even went as far as to say, “No matter how you slice it, the D.C. Circuit ranks last or almost last in nearly every category that measures workload.”
Not quite. Glenn Kessler at The Washington Post wrote an article this morning delving deeper into Sen. Grassley’s claims. Kessler wrote,
“Challenged by Grassley’s claim that the D.C. Circuit is last ‘no matter how you slice it,’ we came up with two other measures that might shed more light on the D.C. Circuit’s workload… One way to measure this is by looking at the data for ‘administrative appeals.’
In 2012, nearly 45 percent of those appeals at the D.C. Circuit involved administrative appeals concerning federal rules and regulations, which many experts say are highly complex and take more time to review. By contrast, at the other circuits, virtually all of the administrative appeals involve immigration cases. Using the data in Table B-3, we found that in the other circuits, administrative appeals that did not involve immigration matters accounted for less than 3 percent of the appeals. (In some circuits, it was less than 1 percent.)”
In other words, the D.C. Circuit is considering some of the most intricate and far-reaching cases of any court. The complexity of these types of cases make apples-to-apples comparisons with other circuits difficult.
“Another measure of the complexity of the cases are statistics on written opinions. The raw data suggest that judges on the D.C. Circuit write fewer opinions than judges on other appeals circuits. (This was one stat that Grassley staff sent us.) But Table S-3 shows that the D.C. Circuit produced a greater proportion of written, signed opinions on cases determined on the merits than most other circuits.”
Overall, the Post concludes,
“[T]he certainty in Grassley’s argument is particularly misplaced, given the unusual nature of the D.C. Circuit… you can’t just assert that one appeals filing is equal to another — or that one set of statistics is better than another. Depending on the metrics, the D.C. Circuit could very well be in first place.”
In 2005, Sen. Grassley did not seem to have these workload concerns when he voted to confirm Bush nominees Janice Rogers Brown and Thomas B. Griffith to the tenth and eleventh seats on the D.C. Circuit. Yet when he and other Republicans cast those votes, the court was handling the same number of cases as it is now. As President Obama pointed out in his speech announcing the three nominees, this is an overtly political move on the part of Senate Republicans:
“When a Republican was president, 11 judges on the D.C. Circuit Court made complete sense. Now that a Democrat is president, it apparently doesn't – eight is suddenly enough.”
Today, President Obama nominated three people – experienced appellate attorney Patricia Millet, Georgetown law professor and former civil rights attorney Cornelia “Nina” Pillard and D.C. District Court judge and former public defender Robert Wilkins – to the influential Court of Appeals for the D.C. Circuit.
All three have stellar qualifications. Yet, Senate Republicans were threatening to block all three even before they knew who the nominees would be.
In a Rose Garden speech introducing the nominees, President Obama blasted Republican obstruction and urged the Senate to quickly review and hold votes on all three. “The Constitution demands that I nominate qualified individuals to fill those seats,” he said. “What I am doing today is my job. I need the Senate to do its job.”
So one of the most important responsibilities of a President is to nominate qualified men and women to serve as judges on the federal bench.
And Congress has a responsibility, as well. The Senate is tasked with providing advice and consent. They can approve a President’s nominee or they can reject a President’s nominee. But they have a constitutional duty to promptly consider judicial nominees for confirmation.
Now, throughout my first term as President, the Senate too often failed to do that. Time and again, congressional Republicans cynically used Senate rules and procedures to delay and even block qualified nominees from coming to a full vote.
As a result, my judicial nominees have waited three times longer to receive confirmation votes than those of my Republican predecessor. Let me repeat that: My nominees have taken three times longer to receive confirmation votes than those of my Republican predecessor. These individuals that I nominate are qualified. When they were given an up or down vote in the Senate -- when they were finally given an up or down vote in the Senate, every one of them was confirmed. So this is not about principled opposition. This is about political obstruction.
Despite that, some Republicans recently have suggested that by nominating these three individuals, I’m somehow engaging in -- and I’m quoting here -- in “court-packing.” (Laughter.) No -- people laugh, but this is an argument I’ve made. For those of you who are familiar with the history of court-packing, that involved Franklin Delano Roosevelt trying to add additional seats to the Supreme Court in order to water down and get more support for his political agenda. We’re not adding seats here. We’re trying to fill seats that are already existing. Each of the past five Presidents has seen at least three of their nominees confirmed to the D.C. Circuit. Since I’ve been President, obstruction has slowed that down to one.
Right now, there are three open seats on a critical court. I didn’t create these seats. I didn’t just wake up one day and say, let’s add three seats to the District Court of Appeals. These are open seats. And the Constitution demands that I nominate qualified individuals to fill those seats. What I am doing today is my job. I need the Senate to do its job.
For more background on the D.C. Circuit, see PFAW’s Marge Baker’s piece in the Huffington Post yesterday, “Five Things Republicans Don’t Want You to Know About the D.C. Circuit.”
When the Senate unanimously confirmed Sri Srinivasan to the Court of Appeals for the D.C. Circuit last month, Republicans patted themselves on the back for cooperating in a relatively efficient confirmation process. But, by any objective standard, Srinivasan’s confirmation process wasn’t that efficient at all. In fact, Republican obstruction of Srinivasan started when they delayed a hearing on his nomination for ten months, from June 2012 to April of this year.
But Sen. Chuck Grassley, the ranking Republican on the Senate Judiciary Committee, is now pushing an alternate history of this delay on Srinivasan’s nomination. In a floor speech the day Srinivasan was confirmed, Grassley insisted that Sen. Patrick Leahy, the chairman of the Senate Judiciary Committee, “made no effort to schedule a hearing on this nominee until late last year.”
In a press release this week, Sen. Leahy explained why this argument is just plain false. In fact, he wrote, it was Senate Republicans who kept insisting that Srinivasan’s hearing be pushed back:
By July 19, 2012, I had determined that the paperwork on the Srinivasan nomination was complete and the nominee could be included in a hearing. It has been my practice as Chairman of the Judiciary Committee to give the minority notice and allow consultation before scheduling a nomination for a hearing. At that time, the next July hearing had been discussed as one devoted to the nominee to head the Antitrust Division at the Department of Justice, a nomination that itself had been delayed and to which there was Republican opposition. During the August recess, my staff asked Senator Grassley’s about holding the hearing on the Srinivasan nomination in September. They raised objections and concerns about proceeding with the D.C. Circuit nomination at that time but agreed to proceed with four district nominees and a Court of International Trade nominee.
In November, 2012, after the American people reelected President Obama, we raised the need for a hearing on the D.C. Circuit nomination anew. Republicans objected, again, in spite of the precedent of holding a hearing for one of President Bush’s D.C. Circuit nominees during a similar lame duck session. Instead, they wanted to proceed only with district court nominees during the lame duck. Republicans insisted that the Srinivasan hearing be put off until the new Congress and the new year. In deference to the Republican minority, I held off. They agreed that he would be included at the first nominations hearing of the 113th Congress.
Then, in early January of this year, when called upon to hold up their end of the bargain, Republicans balked.
This isn’t just a matter of settling a complicated Senate score. Instead, Sen. Leahy is pointing out yet another incident of Sen. Grassley’s twisting the truth about judicial nominees and the judicial nominations process in an attempt to cover for slowing down Senate business and ultimately the business of the federal courts. As Leahy says in his statement:
Those erroneous Record statements have me wondering whether I should be so accommodating to Republican scheduling demands given that they forget their demands in their efforts to avoid responsibility and blame others.
Maine Republican Sen. Susan Collins signed on today as a cosponsor of a blatantly political bill meant to deny President Obama, unlike any of his predecessors, the ability to fill vacancies on the D.C. Circuit Court of Appeals.
The D.C. Circuit is the second most influential court in the country, behind the Supreme Court. It has the final word on scores of federal laws and regulations, from consumer protections to workers’ rights to environmental protections.
For more than 30 years, presidents of both parties have placed numerous judges on the D.C. Circuit:
Senate Republicans prevented President Obama from placing a single nominee on the court during his first term and the first four months of his second, despite the fact that one-third of its active judgeships were vacant. They were so eager to keep the court dominated by Republican-nominated judges that they twice filibustered President Obama’s first nominee to the court, the eminently qualified Caitlin Halligan. Yesterday, after a ten-month delay, the Senate finally confirmed an Obama nominee, Sri Srinivasan, to fill one of the court’s four vacancies. But Republicans are indicating that their cooperation will stop there.
Senate Republicans are not only vowing to block any Obama nominees to the remaining three seats on the D.C. Circuit, they are actually proposing a bill that would eliminate those three seats entirely in order to prevent President Obama from filling them.
The bill, sponsored by Senate Judiciary Committee ranking member Chuck Grassley and cosponsored by every other Republican member of the Judiciary Committee, just gained its first non-committee cosponsor: Sen. Collins.
The bill’s backers claim that the D.C. Circuit doesn’t have a great enough workload to justify filling the remaining three judgeships. However, Sen. Collins’ own voting record provides a perfect refutation of that argument.
Sen. Collins and her allies object to Obama’s filling the 9th, 10th and 11th seats on the D.C. Circuit. However, when George W. Bush was president, Sen. Collins had no such reservations about the need to fill the court's vacancies. In 2006, Collins voted to confirm Bush nominee Brett Kavanaugh to the 10th seat on the D.C. Circuit. In 2005, she voted to confirm Bush nominees Janice Rogers Brown to the 10th seat on the court and Thomas Griffith to the 11th.
Following the Griffith confirmation, which Collins supported, the D.C. Circuit’s caseload was 119 cases per active judge. If every one of the D.C. Circuit’s 11 seats were filled today -- including the three seats that Sen. Collins wants to eliminate – the court’s caseload would be slightly higher than it was then, at 120 cases per active judge. Sen. Collins evidently thinks that what was a reasonable caseload for the court under President Bush is somehow wastefully low under President Obama.
Meanwhile, here is Sen. Sheldon Whitehouse refuting Sen. Grassley’s absurd claim that President Obama is trying to “pack” the D.C. Circuit by filling its vacancies:
One of President Obama’s most important long-term achievements has been his concerted effort to bring qualified judicial nominees from a wide variety of backgrounds to the federal bench. 42 percent of President Obama’s confirmed judicial nominees have been women, compared with just 22 percent of those nominated by the second President Bush and 29 percent of those nominated President Clinton. Likewise, 46 percent of his confirmed nominees have been people of color, a dramatic change from the previous administration, in which 82 percent of federal judicial nominees were white. And President Obama has nominated more openly gay people to federal judgeships than all of his predecessors combined. (All of these numbers are available in this pdf from our friends at Alliance For Justice).
The four new judicial nominations that the White House announced last night are perfect examples of this effort to make the courts better reflect the people they serve. One, Judge Carolyn B. McHugh, who has been nominated to the Tenth Circuit Court of Appeals, would be the first woman to sit on a federal appeals court in Utah. Pamela L. Reeves, nominated to the Eastern District of Tennessee, and Elizabeth A. Wolford, nominated to the Western District of New York, would be the first women to serve in their respective districts. And Debra M. Brown, nominated to the Northern District of Mississippi, would be the first African-American federal judge in her district and the first African-American woman to serve as an Article III judge in Mississippi.
Another important type of diversity among federal judges – one where there has been some progress but where there is still room for improvement – is diversity of professional background. Judges who have worked as public interest or legal aid attorneys bring a perspective to the bench that is different from that brought by prosecutors and litigators representing corporate clients. One example of this professional diversity is Iowa’s Jane Kelly, who was recently confirmed to the Eight Circuit Court of Appeals with unanimous bipartisan support from the Senate. An Associated Press profile yesterday explained the important perspective that Kelly will bring to the federal bench from her experience as a federal public defender:
The 48-year-old attorney has spent her career as a public defender representing low-income criminal defendants, a rarity in the ranks of appeals court judges who are often former prosecutors and trial judges. She'll become just the second woman in the 122-year history of the 8th U.S. Circuit Court of Appeals, which handles cases in seven states from Arkansas to the Dakotas.
Associates say she is a smart legal thinker who has zealously defended the rights of even the most publicly despised clients, including a notorious mailbox bombing suspect and the biggest white-collar criminal in Iowa history. Even prosecutors who disagreed with her in court praise Kelly, who will take the oath of office privately.
"Her story is compelling all the way around," said Debra Fitzpatrick of the University of Minnesota-based Infinity Project, which advocates for more women on the 8th Circuit. "Her credentials and her background and her career sort of set her up to be the right candidate at the right time."
A long-distance runner, Kelly's life almost ended when she went for a morning jog on the Cedar River Trail in June 2004. She was tackled and beaten by a male stranger, then dragged to a creek and left for dead. Passersby found Kelly in a pool of blood, in and out of consciousness and struggling to call for help. Speculation swirled that the attack was linked to Kelly's legal work, but no one ever was arrested.
Kelly quickly returned to representing criminal defendants after spending months in recovery. Her colleagues gave her the John Adams Award, which recognizes an Iowa lawyer's commitment to the constitutional right to criminal defense. And hundreds gathered one year later for a "Take Back the Trail" event, where Kelly jogged there again for the first time.
Kelly grew up in Newcastle, Ind., and graduated from Duke University in 1987. She earned a Fulbright scholarship to study in New Zealand before enrolling at Harvard, where she and Obama were acquaintances but not friends. She clerked for U.S. District Judge Donald Porter in South Dakota and then for Hansen.
She taught one year at University of Illinois law school before returning to Iowa as one of the first hires for the new public defender's office. She's been a fixture ever since, often representing "not the most popular person in the room," as she put it in her confirmation hearing, including drug dealers, pornographers and con artists.
Other pending nominees with public defender experience include Michael McShane (Oregon), Luis Felipe Restrepo (Pennsylvania), Jeffrey Schmehl (Pennsylvania), Rosemary Márquez (Arizona), and William Thomas (Florida).
The Senate Judiciary Committee yesterday approved the nomination of Sri Srinivasan to sit on the powerful Court of Appeals for the D.C. Circuit. There are currently four vacancies on the D.C. Circuit – and Senate Republicans have prevented President Obama from filling a single one.
The Senate GOP has been unusually cooperative with Srinivasan’s nomination, but have signaled that they will not be so friendly to future nominees to the court. Judiciary Committee ranking member Chuck Grassley is actually trying to permanently lower the number of judgeships on the court to prevent President Obama from reversing its far-right, anti-consumer, anti-worker tilt.
The Senate yesterday also confirmed William Orrick to serve on the District Court for the Northern District of California, a seat that had been officially designated a “judicial emergency” because of its overworked courts. The confirmation vote came a full eight months after Orrick was first approved with bipartisan support in the Senate Judiciary Committee.
In a Senate floor speech Wednesday, Sen. Elizabeth Warren of Massachusetts discussed the Senate GOP’s extraordinary obstruction of federal judicial nominees, noting the high level of officially-designated “judicial emergencies,” which has risen by 30 percent since the beginning of the year.
The Founders of our Republic gave to the President the task of nominating individuals to serve and gave us the responsibility to advise on and consent to these appointments. For more than 200 years this process has worked.
Presidents over the years have nominated thousands of qualified men and women who were willing to serve in key executive branch positions.
The Senate has considered nominations in a timely fashion and taken up-or-down votes. Of course, there have been bumps along the way, but we have never seen anything like this. Time and again, Members of this body have resorted to procedural technicalities and flatout obstructionism to block qualified nominees.
At the moment, there are 85 judicial vacancies in the U.S. courts, some of which are classified as ``judicial emergencies.'' That is more than double the number of judicial vacancies at the comparable point during President George W. Bush's second term. Yet right now there are 10 nominees awaiting a vote in the Senate, and they have not gotten one.
Senate Republicans like to blame the judicial vacancy crisis on President Obama, whom they say has not been quick enough to nominate judges. Sen. John Cornyn of Texas ran into the fallacy of this talking point last week, when he was called out for blaming the president for Texas vacancies that Cornyn himself was responsible for.
The president continued his steady pace of federal judicial nominations last night, nominating four women to federal judgeships in Utah, Tennessee, New York and Mississippi.
UPDATE: The White House points out in a blog post today that President Obama has now nominated more district court judges than had President Bush at this point in his presidency.
Americans of all political stripes should be outraged at the recent revelation that the Tea Party was unfairly targeted by the IRS before last year's election. The IRS should never base its decisions on political preferences or ideological code words, regardless of what bureaucratic challenges it may face. But the lesson that the right is drawing from the IRS's misdeeds -- the lesson that threatens to dominate the public conversation about the news -- is wrong.
We're seeing a knee-jerk reaction, particularly from the Tea Party and their allies in Congress, that is threatening to turn the IRS's mistakes into an indictment of "big government" writ large. Some are already trying to tie the scandal to the Right's favorite target, Obamacare, and to the Benghazi conspiracy theory.
The danger of this frame is that it will discourage the IRS from fully investigating all nonprofit groups spending money to influence elections. And it will distract from the core problem behind the IRS's mess: the post-Citizens United explosion of undisclosed electoral spending.
Before the Supreme Court's decision in Citizens United, only a limited number of nonprofit 501c(4) groups could spend money to influence elections -- those who did not take contributions from corporations or unions. But Citizens United lifted restrictions on corporate spending in elections, setting the stage for individuals and companies to funnel unlimited money through all corporations, including c(4)s and super PACs in an effort to help elect the candidates of their choice. Spending by c(4)s has exploded since Citizens United, since the decision allowed any c(4) nonprofit corporation that didn't spend the majority of its money on electoral work to run ads and campaign for and against candidates. And c(4)s, as long as they follow this rule, don't have to disclose their donors under the laws currently in place.
The IRS, then, was forced to play a new and critical role in policing this onslaught of electoral spending. IRS officials clearly made poor choices in how to confront this sudden sea change and those mistakes should be investigated and properly addressed. But strong oversight of this new wave of spending remains critically important and clearlywithin the IRS's purview.
If we let understandable concerns about bad decisions by the IRS lead to weakening of campaign finance oversight, our democracy will be the worse off for it. Instead, we should insist that the government strengthen its oversight of electoral spending -- equally across the political spectrum. We should pass strong disclosure laws that cover all political spenders, including c(4)s. And we should redouble our efforts to overturn Citizens United by constitutional amendment and reel back the flood of corporate money that led the IRS to be in this business in the first place.
Garrett Epps writes today in The Atlantic about how the D.C. Circuit Court of Appeals, still dominated by far-right George W. Bush nominees, has been instrumental in “the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.”
We've read of the violence done to the National Labor Relations Board by the D.C. Circuit's December decision in Noel Canning v. NLRB. Having read that opinion repeatedly, I believe it does violence to the Constitution as well. The D.C. Circuit last year voided a Food and Drug Administration regulation requiring graphic warning labels on cigarette labels as a violation of tobacco companies' "free speech" rights -- to me, another grave misstep. And I feel the same way about the Circuit's decision this week in National Association of Manufacturers v. NLRB. In this case, three Republican nominees held that the First Amendment's right against "compelled speech" protects employers against an NLRB regulation requiring them to post a government poster notifying workers of their rights. The decision is another step on the long, doleful transformation of the First Amendment from an individual right of conscience into a shield against business regulation.
We posted an infographic yesterday that shows just how ideologically skewed the D.C. Circuit is. George W. Bush made a concerted effort to pack the court with judges who shared his right-wing ideology (including John Roberts, who went on to be one of the top two most pro-corporate Supreme Court Justices in the past 65 years). In contrast, President Obama is the first president since Woodrow Wilson to not place a single judge on the court during his full first term.
The Huffington Post clips this exchange from yesterday’s meeting of the Senate Judiciary Committee meeting yesterday, which pretty much encapsulates the gridlock that Republicans have inflicted on the Senate during the Obama administration:
HuffPost’s Jennifer Bendery summarizes the exchange between Texas Republican John Cornyn and Democrats on the Judiciary Committee:
During a Senate Judiciary Committee hearing, Cornyn was arguing for more immigration judge slots in Texas when he got called out by Sen. Sheldon Whitehouse (D-R.I.) for gumming up the district court nomination process. Immigration judges are different from district court judges, but Whitehouse questioned why the Senate should add more immigration judgeships in Texas if Cornyn isn't trying to fill empty district court slots there.
"I don't see why you need additional judges when there have been multiple vacancies that have been left without nominees for years," Whitehouse said. "I have an issue with that."
Cornyn said his answer to that was "simple:" It's Obama's fault.
"The president's got to nominate somebody before the Senate can act on it," Cornyn said.
But the process for approving a new district court judge, per longstanding tradition, begins with a senator making recommendations from his or her state to the president. The president then works with that senator to get at least some of the nominees confirmed -- the idea being that those senators, regardless of party, are motivated to advocate for nominees from their states. The White House may look at other nominees on its own, but typically won't move forward without input from home state senators.
That's when Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) stepped in to remind Cornyn what he already knows: that if he wants to see movement on district court nominees, he needs to make recommendations to the president.
"Based on 38 years experience here, every judgeship I've seen come through this committee during that time has followed recommendations by the senators from the state," Leahy said. "You have to have recommendations from the senators, especially since I've been chairman, because ... as the senator from Texas knows, if senators have cooperated with the White House and the White House sends somebody they disagree with ... I have not brought the person forward, even when it's been importune to do so by the White House."
Cruz tried to absolve himself of the matter altogether, saying he just got to the Senate in January.
In short, Cornyn was blaming President Obama for gridlock that Cornyn himself has created. In fact, Texas has eight current federal judicial vacancies, one dating back as far as 2008. All are on courts so overworked that they have been labeled “judicial emergencies.” Thanks to Cornyn and Cruz, not one of those vacancies has a nominee.
And in July, one more vacancy will open up in a district court seat based in Fort Worth. When it comes open, Fort Worth will be reduced to just one active federal judge for the first time in over two decades.
It seems like with every election, congressional hearing or large gathering of its activists, the Right reaches new lows. Here are some updates on what we’re up against right now.
Rewarding Hypocrisy -- Sanford and Cruz
This week, former South Carolina Governor Mark Sanford staged a political comeback and won a special election to reclaim the U.S. House seat he once occupied. Sanford had left office mired in scandal about his extramarital affair and ran a campaign centered on his own humility and learned compassion -- although, apparently his experience did nothing to dissuade him from his moralizing anti-choice and anti-gay positions. I pointed out in a piece on the Huffington Post yesterday that Sanford trumpeted his new personal understanding of "human grace as a reflection of God's grace," but his ideas of grace, choice and personal freedom as they apply to his own story don’t seem to be pushing him in the direction of supporting those things for same-sex couples, women, religious minorities or really anyone who is not just like him.
Sanford’s just the tip of the iceberg.
This past weekend NRA convention speakers from Glenn Beck and Rick Santorum to Sarah Palin and NRA president Wayne LaPierre attacked “the Left,” the Obama administration, the media and, basically, their straw man version of The (uber-liberal) Establishment for using fear tactics to scare Americans into supporting common sense gun reforms like background checks… while in the same breath stoking paranoia about every manner of “big government” tyranny, like the forced disarmament of America’s law abiding gun owners.
Another NRA convention speaker, Sen. Ted Cruz (R-TX) is being discussed in right-wing circles (and by Cruz himself) as potential presidential candidate in 2016. Cruz is a Tea Party super star who is making waves by challenging the traditional role of freshmen U.S. senators and recently gained notoriety for leading the filibuster of the background check requirement for gun purchases (the one 90% of Americans support) and then insulting his fellow Republican senators at a Tea Party event. But Sen. Cruz was born in Canada. Where are all the Tea Party “Birthers” who claimed that President Obama was born in Kenya and therefore he didn’t qualify as a “natural born citizen,” making him ineligible to run for president, even if his mother was an American citizen??
Whether it’s based on race, politics or ideology, the hypocrisy here is palpable … as it was when Cruz bragged to the NRA about vowing to filibuster any gun safety reform, no matter how common-sense or popular, but in the same speech, tore into Senate Majority Leader Harry Reid for requiring a 60 vote threshold to advance one of his preferred “pro-gun” bills, which incidentally had less support in the Senate than background checks.
It seems that it’s not so much a good redemption story the Right loves as it is blatant hypocrisy that gets rewarded with support and popularity.
It must be political witch hunt season because Republicans in Congress – fueled by their allies in the right-wing media – are embarking on some serious fishing expeditions in attempts to smear the president, his nominee for Labor Secretary Tom Perez and former Secretary of State Hillary Clinton.
Rep. Darrell Issa (R-CA), chair of the House Oversight and Government Reform Committee channels Sen. Joe McCarthy perhaps more than any other sitting member of Congress in his overzealous twisting of facts and events to “support” his hyperbolic allegations like President Obama’s is “the most corrupt government in history” and Hillary Clinton and her inner circle staged a vast “cover up” surrounding the embassy attack in Benghazi. Issa, who himself is no stranger to ethical questions (again with the hypocrisy -- they can’t help themselves), along with his allies, who include most congressional Republicans, the Religious Right and virtually the entire conservative movement, are clearly being motivated by their expectations that former Sec. of State Clinton will be a formidable candidate for president in 2016, so they are trying to tar her in advance.
Issa and his House cohorts have been involved in the attacks on Tom Perez as well, although the real obstruction is taking place in Senate, where Perez’s confirmation vote has been delayed again by Republicans on the Health, Education, Labor & Pensions (HELP) Committee. While obstructing an eminently well qualified Latino nominee seems like a funny way to demonstrate the GOP’s “rebranding” and appeal to Latino voters, the attacks on Tom Perez have truly been as vicious as they are baseless. Rep. Steve King (R-IA) alluded to Perez being “a dishonorable man,” and Rep. Jim Jordan (R-OH) contorted claims about an incident involving the city of St. Paul, MN to assert that Perez wanted to “hurt poor people” simply because he was in a position of power from which he could do so.
This week, PFAW delivered 50,000 petition signatures to the Senate HELP Committee urging an end to the obstruction and swift action to confirm Tom Perez, and we’ll continue to keep the pressure on.
Religious Right’s Persecution Fantasy
Claim after claim after claim of “persecution,” used as examples of a “war on Christians” by Religious Right activists, talk show hosts and politicians, gets thoroughly debunked. But even as these examples are firmly established as myths, right-wing leaders, and even lazy mainstream journalists, continue to cite them in their speeches and reporting. PFAW’s Right Wing Watch released an In Focus report in the first weeks of the Obama administration in 2009 about the Right’s use of a “big lie” strategy about a war on Christians to stoke the base’s false fears of religious persecution. We are seeing every day in our Right Wing tracking that the playbook we identified remains in constant use.
A new study by the Constitutional Accountability Center details the remarkable success corporate special interests like the Chamber of Commerce have had before the current Supreme Court. Certainly as, if not even more, notable, another study published in The Minnesota Law Review ranked all 36 Supreme Court justices of the last 65 years based on their pro-corporate bent. While all five of the current Court’s conservative justices made the top 10, President George W. Bush’s nominees and the two most recent conservative additions to the Court, Chief Justice Roberts and Justice Alito, were at the very top of the list.
Meanwhile, a separate study from the nonpartisan Congressional Research Service confirms what we’ve been pointing out for years -- that President Obama’s judicial nominees are being treated exceptionally poorly by Senate Republicans. Emblematic of the obstruction of President Obama’s nominees has been the situation with respect to the DC Circuit Court of Appeals, often called the nation’s second most powerful court. Republicans are fighting tooth and nail to preserve the DC Circuit’s rightward tilt even at the cost of maintaining vacancies that severely hinder the Court’s ability to do its job.
PFAW will continue to call attention to and fight the GOP’s unprecedented judicial obstruction in the DC Circuit and the entire federal judiciary. We expect several confirmation battles on the horizon, with new nominations expected to be announced by the White House in coming weeks, and we’ll be employing various strategies to make sure senators are feeling the heat in their own states over the GOP’s unconscionable obstruction.
The D.C. Circuit Court of Appeals, the most important court that most Americans have never heard of, is making waves this week with a ruling that the National Labor Relations Board’s requirement that corporations inform their employees of their right to unionize violates the free speech rights of the corporations.
This decision by a panel of three Republican-nominated D.C. Circuit judges is outrageous, but unfortunately it’s not out of character. Last year, Republican nominees on the court ruled that a regulation requiring tobacco companies to print factually accurate warnings on cigarette packages actually violated the tobacco companies’ free speech rights. In January, the court invalidated three presidential appointments to the NLRB, undermining the Board’s ability to protect the rights of workers. And that’s just the beginning.
Why is the D.C. Circuit still wreaking havoc on the government’s ability to protect the rights of workers and consumers? Because Republicans in the Senate have yet to allow a single one of President Obama’s nominees to the court reach a confirmation vote, making Obama the first president since Woodrow Wilson to serve a full first term without placing a judge on the D.C. Circuit.
That means that the partisan makeup of the D.C. Circuit is pretty much unchanged since the Bush years. Currently dominated by active judges and semi-retired senior judges appointed by Republicans, the D.C. Circuit has four vacancies. As the graphic above shows, if President Obama can fill those four vacancies, he can restore some balance to a court that has veered far, far, far to the right.